Chapter 13

This is also known as a wage-earner plan.  Chapter 13 is typically filed by individuals behind in house and/or car payments.  A debtor can file a Chapter 13 Plan, which is a written proposal for bringing his/her secured debts current over a period of 36 – 60 months.  The debtor keeps and uses his/her property while the bankruptcy case is pending.  If a debtor “fails” the means test under Chapter 7, he/she must file bankruptcy under Chapter 13 and repay a portion of the unsecured debt.

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